Court strikes down voter-apparel law

WASHINGTON — The Supreme Court on Thursday struck down Minnesota’s broad restrictions on voters wearing “political” hats, T-shirts and pins to the polls, but it said states can place limits on such apparel.

Minnesota contended the restrictions were reasonable, kept order at polling places and prevented voter intimidation. The justices, in a 7-2 ruling, said that the state’s limits violate the free speech clause of the First Amendment.

Chief Justice John Roberts wrote that “if a State wishes to set its polling places apart as areas free of partisan discord, it must employ a more discernible approach than the one Minnesota has offered here.”

Minnesota state law bars voters from casting a ballot while wearing clothing related to a campaign, such as a T-shirt with the name of a candidate. It also said voters couldn’t wear a “political badge, political button, or other political insignia” to vote. That was the part of state law that was invalidated by the court.

Roberts said the problem came down to the word “political,” which state law didn’t define. He said the state’s interpretation of what counted as political was unreasonable, covering any item that made reference to a group with recognizable political views or referring to subjects on which a political party has taken a stance on.

“Would a ‘Support Our Troops’ shirt be banned, if one of the candidates or parties had expressed a view on military funding or aid for veterans? What about a ‘#MeToo’ shirt, referencing the movement to increase awareness of sexual harassment and assault?” Roberts wrote.

Minnesota, Roberts wrote, had failed to “articulate some sensible basis for distinguishing what may come in from what must stay out” of a polling place. There is no problem with banning items supporting or opposing candidates or ballot measures, he indicated.

It is unclear exactly how many states the ruling could affect.